As you know, any crime is displayed in the form of the action or inaction of a certain person who, by his action, is trying to violate existing social relations, which in the country are protected by criminal law. Each of them distinguishes its object and subject, as well as the objective and subjective side, as a theoretical basis. However, in practice, investigators often use completely different criteria to characterize the offense. One of the main tools and means of crime. In order to understand the meaning of these terms, as well as correlate them with the subject of the crime, you must first understand what the legislator means by them.
History reference
One of the most problematic topics in the criminal law of the Soviet Union has always been considered the problem of the inability to give an exhaustive and unambiguous concept to the terms of tools and means of committing a crime in the Criminal Code of the RSFSR as one of the optional features of the objective side. Many scientific discussions were held, since it was clear that this topic was incredibly important for practical application. However, despite all the problems, this term can be found as one of the signs in almost 40 corpus delicti, which indicates the prevalence of the problem.
The first attempts to somehow enshrine the concept of “the method and means of committing a crime” in the legislation were made back in the ancient Indian collection of laws Manu, one of the first legislative documents. In the old days in the Russian Empire, it was used as one of the goals for legislatively defining a crime in several acts.
Concept means
In itself, the word "means" means a certain device or mode of action with which you can achieve the desired, as well as an instrument or object for the implementation of the act. That is why all this makes the concept of a means of committing a crime very twofold, since it can be viewed from both perspectives.
Philosophical point of view
If we consider it from a philosophical point of view, it is practically impossible to grasp this term because of its breadth - everything that the subject who committed the crime could use in order to achieve the ultimate goal falls under it. The tool becomes that object intended to guide its activities. That is why from this point of view it can be both an ideal object and completely material regardless of the situation. In this interpretation, information or even the forces of nature, as well as methods and forms of human behavior, can be an example of a means of committing a crime.
Even in ordinary life, a person, in carrying out his activities, uses the means that he needs in order to fulfill his goal. However, as soon as a person stops using them, such tools lose their meaning, becoming simple objects that can serve the purpose.
Criminal law point of view
From the point of view of criminal science, the concept of a means of committing a crime is used in a narrower sense. It currently includes all those objects of the material world that are in the possession of the criminal and can be used by him as an instrument of influence for the commission of an offense. That is why, if the word "means" is found directly in the law, then it must be understood in a narrow sense. All this makes it possible to consider the objective side of the crime as a phenomenon of social reality, a kind of reality. However, in practice, most of the individual funds are taken, based on the broad meaning of this concept.
The concept of a means of crime
In fact, to date, no legislative act has an officially approved interpretation of this term. However, in practice it has been used for several centuries quite widely. Even now, the means of committing a crime are so widespread that it seems as if the concept should have been voiced for a long time. Now they are intended to indicate with what exactly the direct impact on the subject occurs. Even the human body and its organs, as well as any objects of the material world and the forces that exist in them, can act in its quality. All animate and inanimate objects can be displayed in the examples.
Kinds
For the correct classification of funds, they are divided into 2 types. They can be tangible and intangible means of human activity. However, even in this case, the material can be divided into animate and inanimate.
That is why, for example, firearms, ax, fire, strangulation, poison, wild bear or even a maniac can act as types of means of committing a crime. As you can understand, such a broad interpretation to bring under it is not only the simple and primitive methods used by the criminal, but also very complex devices.
At the moment, a number of scientists are trying to narrow this list. Some of them propose to include in the typology only material objects, including animate ones - a person at the time of the direct commission of the crime, as well as birds and animals, which with the help of special training could use them as his tool.
Instruments of Crime
Quite often in ordinary life, the terms tool and means can easily replace each other, since their definition is quite similar. However, in legal theory and practice, the tools and means of committing a crime have a clear distinction, which is used everywhere. Tools, like tools, at the moment are objects of the material world that are used to have a criminal effect on the item. However, instead of indicating what was used as an impact, they are objects used for assault. With their help, criminal acts are directly committed that lead to a result. For example, during an attack, a criminal used firearms to take possession of the property of another citizen. Quite often, this concept is replaced with the word weapon, although such an interpretation is not correct.
Any means or instrument of crime can be manufactured or adapted. The adaptation of tools or means of committing a crime involves the use of a ready-made tool, and not the creation of a fundamentally new one. All this is an integral part of preparing for a crime.
Subject of crime
Before you understand the relationship of the subject of the crime with the instrument or tool, you must accurately understand what constitutes the subject itself in the criminal law. At the moment, it is one of the optional features and is a material thing that exists in the outside world. It is in connection with her or about her that the crime itself is directly committed. Quite often, any property acts in its role, especially with regard to crimes against property. However, most of the time the legislator directly reflects what could be the subject of a crime depending on the act committed. For example, the subject of smuggling can be drugs, ammunition, firearms or other things that require special transportation across the country's border.
The subject of a crime is always one of the mandatory features that make up a crime. It is also necessarily included in the basis of criminal liability. If it was originally installed, then the perpetrator can be convicted under criminal law. In addition, the subject of the crime is incredibly important for the correct qualification of the crime, especially in those cases that have a large number of similar features.
Ratio
In order to understand the principle of correlation of the subject of crime with an instrument and means, it is required to use a methodological basis. It must be understood that in some cases the same material object can act as an object in one corpus delicti, and in another it can suddenly appear in the form of an instrument and a means. That is why their differences and correlation should be considered solely from the circumstances of a particular crime.
Modern point of view
At the moment, theorists of criminal law distinguish between these concepts by the nature of the impact of the perpetrator on the material objects that were used in the commission of the crime. It is assumed that, as a means, an object is a tool for influencing, but as an object, they themselves are directly affected. Currently, such a distinction is used in science, but in practice it is clearly not enough. Now quite often in the same corpus delicti you can notice that the object was both subjected to criminal influence and is used by it as a tool. That is why, as another factor, the ratio of the object to the object on which the encroachment was carried out began to be used.
Conclusion
The significance of the instruments and means of committing a crime cannot be underestimated at present. To achieve their goal, criminals use various objects that can cause socially dangerous consequences. However, at the same time, they can act not only as an objective, but also a subjective side of the crime, to help find out the motives and goals of the offender. Each of them helps to individualize the offender, indicates its nature and can act as an aggravating and mitigating circumstance. That is why their registration can help to impose a fair punishment for the crime. However, looking at the current diversity of how many different definitions of concepts exist, one can guess that using them in legal practice is quite difficult.